Sec. 202. Inspector general reports on pen registers and trap and trace devices
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The Inspector General of the Department of Justice shall perform comprehensive audits of the effectiveness and use, including any improper or illegal use, of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ) during the period beginning on January 1, 2010, and ending on December 31, 2013. The audits required under subsection
(a)shall include— an examination of the use of pen registers and trap and trace devices under such title for calendar years 2010 through 2013; an examination of the installation and use of a pen register or trap and trace device on emergency bases under section 403 of such Act ( 50 U.S.C. 1843 ); an examination of any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under such title, including any improper or illegal use of the authority provided under such title; and an examination of the effectiveness of the authority under such title as an investigative tool, including— the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation; the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; whether, and how often, the Federal Bureau of Investigation used information acquired under a pen register or trap and trace device under such title to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community, or to another department, agency, or instrumentality of Federal, State, local, or tribal governments; and whether, and how often, the Federal Bureau of Investigation provided information acquired under a pen register or trap and trace device under such title to law enforcement authorities for use in criminal proceedings. Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under subsection
(a)for calendar years 2010 through 2013. For the period beginning January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall— assess the importance of the information to the activities of the intelligence community; examine the manner in which the information was collected, retained, analyzed, and disseminated; describe any noteworthy facts or circumstances relating to orders under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ); and examine any minimization procedures used by elements of the intelligence community in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ) and whether the minimization procedures adequately protect the constitutional rights of United States persons. Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. Not later than 30 days before the submission of any report under subsection
(c)or (d), the Inspector General of the Department of Justice and the Inspector General of the Intelligence Community shall provide the report to the Attorney General and the Director of National Intelligence. The Attorney General or the Director of National Intelligence may provide such comments to be included in any report submitted under subsection
(c)or
(d)as the Attorney General or the Director of National Intelligence may consider necessary. Each report submitted under subsection
(c)and any comments included in that report under subsection (e)(2) shall be in unclassified form, but may include a classified annex. In this section— the terms Attorney General , foreign intelligence information , and United States person have the meanings given those terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); the term minimization procedures has the meaning given that term in section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 ), as amended by this Act; and the terms pen register and trap and trace device have the meanings given those terms in section 3127 of title 18, United States Code.
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Sec. 202
Inspector general reports on pen registers and trap and trace devices
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